Universal Access To All Knowledge
Home Donate | Store | Blog | FAQ | Jobs | Volunteer Positions | Contact | Bios | Forums | Projects | Terms, Privacy, & Copyright
Search: Advanced Search
Anonymous User (login or join us)
Upload

Reply to this post | See parent post | Go Back
View Post [edit]

Poster: larus Date: Jul 26, 2012 3:42am
Forum: feature_films Subject: Re: GATT/URAA Question?

There is no time limit on registering foreign works whose copyright was restored under URAA/GATT (besides the usual obligation of registering before the end of the restored copyright term of course).

The 1996-1997 limit you mention only applies to filing "Notices of Intent to Enforce" (NIEs from now on) directly with the US Copyright Office:

Owners of restored works can file NIEs directly with reliance parties at any time after the date of restoration.
Owners of restored works from countries that become eligible source countries after January 1, 1996, and who want to file NIEs with the Copyright Office have two years from the date of eligibility to do so. Owners of works whose source countries were members of the Berne Convention or the WTO as of January 1, 1996, and who wanted to file NIEs with the Copyight [sic] Office had to do so between January 1, 1996, and December 31, 1997.

(US Copyright Office circular 38b, page 3).

In one word, copyright owners can file Notices of Intent to Enforce with the US Copyright Office in the two-year window following the automatic copyright restoration date (which is January 1, 1996 for countries that were members of the World Trade Organization or the Berne convention on that date, but can be a later date for countries such as Russia that joined the WTO later), and if they did so they didn't have to notify reliance parties directly. If the copyright holders didn't file NIEs with the USCO, they still have the option of sending NIEs to reliance parties at any time.

Keep in mind that the requirement to file NIEs concerns only reliance parties, i.e. distributors or users of the work prior to its copyright restoration date. Anyone else (you or I for example) who would distribute a work whose copyright was restored would immediately be deemed to be a copyright violator, regardless of whether NIEs were filed with the USCO or reliance parties:

Eligible copyrights are restored automatically and no further steps need to be taken to make a restored copyright fully enforceable against any party other than a reliance party.
(US Copyright Office circular 38b, page 2).

I advise you to take a look at Circular 38b, as it is very informative on this topic.

This post was modified by larus on 2012-07-26 10:42:49